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Mexican Cooking (alt.food.mexican-cooking) A newsgroup created for the discussion and sharing of mexican food and recipes. |
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William Barfieldsr wrote:
> Thanks Angela, he is just shooting his mouth off. There have not been any > "Original" recipes in over a hundred years. Simply because a site Says the > recipe is copyrighted, doesn't necessarily mean it is copyrighted. The > courts would have to decide that, and I don't think they want to go to the > expence involved in a court battle, unless they could prove a substantial > loss of income from posting the recipe in a news group. > "Angela Arnold" > wrote in message > om... > >>Douglas, >> You really need to follow your own advice. Below are excerpts from the > > web > >>site link you posted. >> >>Section 107 contains a list of the various purposes for which the >>reproduction of a particular work may be considered "fair," such as >>criticism, comment, news reporting, teaching, scholarship, and research. >>Section 107 also sets out four factors to be considered in determining >>whether or not a particular use is fair: >> >>1.the purpose and character of the use, including whether such use is of >>commercial nature or is for nonprofit educational purposes; >> >>2.the nature of the copyrighted work; >> >>3.amount and substantiality of the portion used in relation to the >>copyrighted work as a whole; and >> >>4.the effect of the use upon the potential market for or value of the >>copyrighted work. >>http://www.copyright.gov/fls/fl102.html >>This is the "fair use" factors I was quoting from in my original post. >> >>Exempt from copyright: >>Mere listings of ingredients, as in recipes, labels, or formulas. When a >>recipe or formula is accompanied by explanation or directions, the text >>directions may be copyrightable, but the recipe or formula itself remains >>uncopyrightable. >>http://www.copyright.gov/circs/circ34.html >> >> >>Mere listings of ingredients as in recipes, formulas, compounds or >>prescriptions are not subject to copyright protection. However, where a >>recipe or formula is accompanied by substantial literary expression in the >>form of an explanation or directions, or when there is a combination of >>recipes, as in a cookbook, there *may be* a basis for copyright > > protection. > >>Protection under the copyright law (title 17 of the United States Code, >>section 102) extends only to "original works of authorship" that are fixed >>in a tangible form (a copy). "Original" means merely that the author >>produced the work *by his own intellectual effort*, as distinguished from >>copying an existing work. Copyright protection may extend to a > > description, > >>explanation, or illustration, assuming that the requirements of the >>copyright law are met. >>http://www.copyright.gov/fls/fl122.html >>Since very few recipe directions are actually original, (as anybody knows > > if > >>they have ever baked or cooked a lot), this would have to be one very > > unique > >>recipe. >>There are only so many ways you can prepare foods and many ingredients > > have > >>to be combined in certain ways in order for them to work properly. >> >>As for your statement: >>"But he DOES deprive the authors/owners of the website of income, >>by not properly attributing the source, and eliminating the need for >>people who seek such recipes from going to that site, and clicking on >>the ads from which the web owners derive their income." >>Most people looking for recipes do NOT go to the web site in order to > > click > >>on the banner ads. Actually, I have yet to meet anyone who even clicks on >>banner ads, due to the risk of virus infection and also because most > > banners > >>are complete crap and are akin to SPAM. >>Angel > > > If it says it is copyrighted, then it is by common copyright. You are jerk A-1 (noticing you're hiding out now with a different identity). jim |
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